United States of America, Plaintiff-appellee, v. Wayne R. Hedrick, A/k/a Popeye, Defendant-appellant, 944 F.2d 902 (4th Cir. 1991)

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US Court of Appeals for the Fourth Circuit - 944 F.2d 902 (4th Cir. 1991) Submitted Aug. 26, 1991. Decided Sept. 13, 1991

Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Robert R. Merhige, Jr., Senior District Judge. (CR-87-58)

Wayne R. Hedrick, appellant pro se.

Thomas Oliver Mucklow, Assistant United States Attorney, Wheeling, W.Va., for appellee.

N.D.W. Va.


Before WILKINSON and WILKINS, Circuit Judges, and BUTZNER, Senior Circuit Judge.



Wayne R. Hedrick appeals from the district court's order denying his request for transcripts.*  Our review of the record and the district court's opinion discloses that this appeal is without merit. Accordingly, we affirm on the reasoning of the district court. United States v. Hedrick, CR-87-58 (N.D.W. Va. May 7, 1991). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.



Hedrick's notice of appeal was dated prior to the expiration of the filing deadline but was not received until after the deadline. We consider his notice of appeal to be timely filed. See Houston v. Lack, 487 U.S. 266 (1988)